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News & ArtsWednesday, March 25, 2009
News Remember How Obama Was Going to Stop Raids on Medical Marijuana Dispensaries?
Posted by Dominic Holden on Wed, Mar 25, 2009 at 7:25 PM
At about 3:30 p.m., DEA agents began raiding a medical-marijuana dispensary in San Francisco, several witnesses say. Agents continue to detain people inside Emmalyn's California Cannabis Clinic.
The San Francisco Cannabis Clubs website reports, "The DEA is claiming Emmalyn's has violated both state and federal law, but remain hushed about the specific allegations."
Attorney General Eric Holder vowed last week to stop raids on medical marijuana dispensaries—a common practice under the Bush Administration—as long as a dispensary operated within state guidelines.
"There is no indication that the dispensary was in violation of state law," says Kris Hermes, a spokesman for Americans for Safe Access (ASA), a medical-pot advocacy group in California. He points out the City of San Francisco issued the club a provisional permit to operate. It has been in business, apparently in compliance with state law, since 2006. California law says that patients must have an authorization from their physician to possess marijuana, and recent rules say dispensaries must operate as not-for-profit collectives.
The bust suggests that either the DEA is sidestepping the Obama Administration, or the Obama Administration itself is establishing a new interpretation of California law.
"If there is any indication that these facilities have been in violation of state law, local law enforcement or state law enforcement should be determining whether a violation has taken place," Hermes says. Furthermore, he points out, "Violations of state law are never going to [be prosecuted] in federal court."
A couple hours ago, ASA reportedly contacted the San Francisco Police Department, which said it had no part in the raid.
Thanks to Slog tipper Carrie.
2
Obama is not gonna cure your drug addiction, Dominic. If you are out of college and/or not diagnosed with cancer and still are doing drugs, then you are a loser and need to start obeying the fucking law.
4
Thanks for the update Dominic. Please keep us posted via SLOG on how this develops and how Obama or his people react.
I have a feeling this won't be front page NYT news...
I have a feeling this won't be front page NYT news...
6
As much as I would like to praise the deference to state law that Holder professed, the DEA is then putting itself in the position of deciding when state law is violated - which is kind of screwed up. Unless they acted at the request of state or local authorities, which isn't clear one way or the other despite the protests of the advocacy group cited. There is nothing indicating that the DEA didn't receive a request from local authorities from your article or its sources. City cops having "no part in the raid" isn't enough to draw any conclusions, other than the main.
7
I think you guys misinterpreted Holder's statements. He said the DEA wouldn't prosecute dispensaries if they only violated state law.
If this place violates Federal law, I think the DEA's policy is the same.
What's the threshold for Federal versus State law on this? Was the dispensary distributing across state lines?
If this place violates Federal law, I think the DEA's policy is the same.
What's the threshold for Federal versus State law on this? Was the dispensary distributing across state lines?
10
And Obama delisted wolves in the sagebrush shithead moron mountain west. He's becoming a darker shade of Bush. What a joke.
11
Federal courts have supplementary jurisdiction over state laws if there is also a federal law violation, so it is not true that "[v]iolations of state law are never going to [be prosecuted] in federal court."
12
More interesting than longstanding jurisdictional issues relating to federal enforcement and jurisdiction would be whether there are any other examples of federal law enforcement or courts respecting decriminalization of a federal offense on the state level.
13
@11 Good looking out, man. Good old 28 U.S.C. §1367.
@5 My tongue only hits your mother's clit while your sister sucks me off.
@5 My tongue only hits your mother's clit while your sister sucks me off.
14
Maybe all this fancy law stuff is too confusing for me, but
seem to strongly imply Holder will leave dispensaries alone if they do not violate Federal law.
My question stands: what does it take for a dispensary to violate Federal Law?
Attorney General Eric Holder signaled a change on medical marijuana policy Wednesday, saying federal agents will target marijuana distributors only when they violate both federal and state law.
seem to strongly imply Holder will leave dispensaries alone if they do not violate Federal law.
My question stands: what does it take for a dispensary to violate Federal Law?
15
@13: Oh dear, glad to see we went straight from the frat house to law school. "Good looking out, man?" Don't you mean "bra" instead of "man"?
16
Yeah. They all violate federal law. The only change is to exempt them if they are within state law. It's not that confusing.
17
Yay! One more victory in the war on drugs. Only two more to go and we win!!!
How will you celebrate our victory against drugs in the war on drugs? I hope they have a parade.
How will you celebrate our victory against drugs in the war on drugs? I hope they have a parade.
18
Lawyer folk, please continue...
What's your hunch? Will this become an issue? Or has nothing really changed here?
The state v. federal argument fascinates me. How high up in the court system could this get? And who would have to push the issue against the DEA?
What's your hunch? Will this become an issue? Or has nothing really changed here?
The state v. federal argument fascinates me. How high up in the court system could this get? And who would have to push the issue against the DEA?
19
six shooter @ 16) I think you've got it wrong. By saying the feds will bust dispensaries "only when they violate both federal and state law," Holder was clear that there must be a state law violation, too. Dispensaries comply with state law if they operate as not-for-profit collectives exclusively for authorized patients, but all dispensaries violate federal law.
21
a) This kind of stuff always happens. DEA has probably been working this case since long before the Obama regime came to DC and those long-term cases usually don't get flushed, they are hurried to closure before the new rules get fully vetted.
b) This will be a sticky wicket with us possibly into the next presidency. Why? Federal Law trumps state/local... that's why our wimpy 'medical mj' law hasn't changed anything for the most part. Sure, the Prez can say, "We'll honor your law instead of ours" but that is a HUGE erosion of Fed authority and one even the most liberal member of the Supreme Court won't like.
The better attempt to legalize pot on a state level would have been to extend pot smoking as a human right in the state constitution.... The state can grant additional rights to its citizens, that might have been a more persuasive argument.... but that probably wouldn't have passed.
Either way I think it's funny to see so many people with their panties in a knot thinking that Obama taking the oath, on its own, changed anything. It's the tip of the iceberg boys and girls, keep paying those student loans, keep the green smoke in private areas, and spend your tips wisely.... there's a recession out there!
b) This will be a sticky wicket with us possibly into the next presidency. Why? Federal Law trumps state/local... that's why our wimpy 'medical mj' law hasn't changed anything for the most part. Sure, the Prez can say, "We'll honor your law instead of ours" but that is a HUGE erosion of Fed authority and one even the most liberal member of the Supreme Court won't like.
The better attempt to legalize pot on a state level would have been to extend pot smoking as a human right in the state constitution.... The state can grant additional rights to its citizens, that might have been a more persuasive argument.... but that probably wouldn't have passed.
Either way I think it's funny to see so many people with their panties in a knot thinking that Obama taking the oath, on its own, changed anything. It's the tip of the iceberg boys and girls, keep paying those student loans, keep the green smoke in private areas, and spend your tips wisely.... there's a recession out there!
25
During the campaign the Obama groupies were all "The Obama will Change Everything!
Birds will sing!
The sun will shine!
We will smoke pot!
we will tax the rich to create a Utopia for the poor!
The terrotist will love us!
Adults shook their head.
'Did you clowns sleep thru Clinton and Carter's administrations?' we wondered.
Now every day we read disillusioned children whining because The Obama hasn't created Nirvanna.
Grow up.
Birds will sing!
The sun will shine!
We will smoke pot!
we will tax the rich to create a Utopia for the poor!
The terrotist will love us!
Adults shook their head.
'Did you clowns sleep thru Clinton and Carter's administrations?' we wondered.
Now every day we read disillusioned children whining because The Obama hasn't created Nirvanna.
Grow up.
26
GOD, like a pig pile in junior high .... just a couple of days ago,Attorney General Holder announced a BRAND NEW policy of stopping fed action against medical mj systems in states where the law allows them
And in ONE fucking day, you silly asses think all that is sorted out ... just where did you all go to school?
attention defecit disorder runs amok here, give it some time, all WILL be better
bet this raid has been in the works for months, and they pushed to get it before policy clicks in .... remember much great weed is confiscated and NEVER sees the evidence locker ...duh
and those projects which are not totally for the very sick and disabled better quit covering their butts with bullshit ... another duh, cause that is the story on the street, in Calif. tons of doctors will do paperwork for $500.00 that has nothing to do with being really sick
And in ONE fucking day, you silly asses think all that is sorted out ... just where did you all go to school?
attention defecit disorder runs amok here, give it some time, all WILL be better
bet this raid has been in the works for months, and they pushed to get it before policy clicks in .... remember much great weed is confiscated and NEVER sees the evidence locker ...duh
and those projects which are not totally for the very sick and disabled better quit covering their butts with bullshit ... another duh, cause that is the story on the street, in Calif. tons of doctors will do paperwork for $500.00 that has nothing to do with being really sick
27
this place was probably targeted by the DEA prior to Obama entering office. Unlike some of the more "residential" dispensaries, this one, at howard and 12th st, exists in a non pedestrian/ light industrial zone. While on the one hand, operating out of the public-eye could be seen as a benefit for a dispensary, however, it also generates suspicion. Also, this story is not being covered locally.
28
Obama is as much of a tool run by Zionist Jews as Bush was. If you don't recognize that fact then you are naive.
29
They are remainging mum about the charges? They gave the reasons on the news this morning here in Oakland. Apparently this dispensary was giving away pot for free to homeless people on certain days.
30
The DEA is trying to justify their existence, at the same time they become increasingly more irrelavent.
Just like during Prohibition, when they dreamed up the Drug War to find all the old Revenuers and Booze Judges jobs.
A smart solution would be to decriminalize it in Washington, with an initiative, and make the West FREE FREE AT LAST!
Although personally I'm just as offended by people who smoke MJ indoors as I am by people who smoke cigarettes indoors. Take your weed outside.
Just like during Prohibition, when they dreamed up the Drug War to find all the old Revenuers and Booze Judges jobs.
A smart solution would be to decriminalize it in Washington, with an initiative, and make the West FREE FREE AT LAST!
Although personally I'm just as offended by people who smoke MJ indoors as I am by people who smoke cigarettes indoors. Take your weed outside.
32
aha, here it is:
"SAN FRANCISCO—A medical marijuana dispensary in San Francisco that gave out free marijuana to poor people is mostly empty after a raid by federal agents. "
via: AP via: San Jose Mercury News
"SAN FRANCISCO—A medical marijuana dispensary in San Francisco that gave out free marijuana to poor people is mostly empty after a raid by federal agents. "
via: AP via: San Jose Mercury News
35
"Federal agents say evidence of state drug-law violations led to a raid on a San Francisco medical marijuana outlet this week.
The San Francisco Chronicle said Thursday its sources indicated Emmalyn's California Cannabis Clinic in the South of Market district may have been having some issues with payment of sales tax."
The San Francisco Chronicle said Thursday its sources indicated Emmalyn's California Cannabis Clinic in the South of Market district may have been having some issues with payment of sales tax."
36
Let me get this straight. Taxpayers here in Wa. vote in medical marijuana then a president says, "you voters don't know what you're doing" and ignores our vote. So basically, us taxpayers are paying the goverment to ignore our votes, throw us in prison and then make us pay more tax to keep the prisons running...hummm If this happened a couple hundred years ago, our ancestors would dump tea in a bay, refuse to pay taxes and start a war..
That rumbling you hear isn't a earthquake, it's our founding fathers turning over in their graves.
That rumbling you hear isn't a earthquake, it's our founding fathers turning over in their graves.
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